Scribd Logo
Upload

Welcome to Scribd!

  • Alvarez Vs CA Digest

    Uploaded by

    John Rock
    96 views1 page
    The petitioner alleged that the search warrant issued against him for usurious activities was illegal. The search warrant was based solely on an affidavit from an anti-usury agent, who stated he had no personal knowledge of the petitioner's activities and only had information from an unnamed reliable source. The court found the affidavit to be insufficient and fatally defective, as it was not based on the agent's direct knowledge. Therefore, the court held that the search warrant and subsequent seizure of documents were illegal.

    Original Description:

    GR No. L-45358, January 29, 1937

    Original Title

    Alvarez vs CA Digest

    Copyright

    © © All Rights Reserved

    Available Formats

    PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    Report this Document
    The petitioner alleged that the search warrant issued against him for usurious activities was illegal. The search warrant was based solely on an affidavit from an anti-usury agent, who stated he had no personal knowledge of the petitioner's activities and only had information from an unnamed reliable source. The court found the affidavit to be insufficient and fatally defective, as it was not based on the agent's direct knowledge. Therefore, the court held that the search warrant and subsequent seizure of documents were illegal.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Flag for inappropriate content
    96 views1 page

    Alvarez Vs CA Digest

    Uploaded by

    John Rock
    The petitioner alleged that the search warrant issued against him for usurious activities was illegal. The search warrant was based solely on an affidavit from an anti-usury agent, who stated he had no personal knowledge of the petitioner's activities and only had information from an unnamed reliable source. The court found the affidavit to be insufficient and fatally defective, as it was not based on the agent's direct knowledge. Therefore, the court held that the search warrant and subsequent seizure of documents were illegal.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Flag for inappropriate content
    of 1

    Alvarez vs CA gr.no.

    L-45358 jan, 29 1937

    FACTS : the chief of the secret service of the anti usury board of the DOJ presented to judge
    gutierrez of CFI Tayabas an affidavit alleging that according to reliable information, the petitioner
    kept in his house in Infanta, Tayabas, books documents, receipts, lists, chits and other papers used
    by him in connection with his activities as a money-lender charging usurious rates of interest in
    violation of the law.

    The judge issued the warrant,ordering at any time of the day and night the seizure of the those
    things. On the night of June 4, 1936 anti-usury board agents entered the petitioners store and
    residence seized and took possession of those things.

    The petitioner claims the the search warrant is illegal because it has been based upon the affidavit
    of agent Mariano Almeda in whose oath he declared that he had no personal knowledge thereof
    through mere information secured from a person whom he considered reliable.

    Issue : WON the search warrant is illegal ?

    Held : Yes,

    It appears that the affidavit, which served as the exclusive basis of the search warrant, is
    INSUFFICIENT and FATALLY DEFECTIVE by reason of the manner in which the oath was
    made, and therefore, the search warrant and the subsequent seizure of the books, documents and
    other papers are ILLEGAL.

    You might also like